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The inheritance of a mother, a daughter and two wives

Question

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have female relatives who are entitled to inherit : (A mother) (A daughter) Number 1 (A wife) Number 2

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

If the heirs are only those mentioned in the question, and there is no male heir even if he is a distant relative, then the daughter gets a half as her legal share, as Allaah says (what means): {And if there is only one [daughter], for her is half.}[Quran 4:11]

The two wives together get one-eighth as their legal share as Allaah says (what means): {But if you leave a child, then for them [i.e. the wives] is an eighth of what you leave, after any bequest you [may have] made or debt.} [Quran 4:12]

The mother gets one-sixth as her legal share due to the existence of the daughter, Allaah says (what means): {And for one’s parents, to each one of them is a sixth of his estate if he left children.}[Quran 4:11]

Then, the remainder of the inheritance after its division will be given back to the mother and the daughter. Therefore, the inheritance should be divided into 32 shares: the two wives get one-eighth which is 4 shares, i.e. each of them gets 2 shares; the mother gets 7 shares (her legal share along with the remainder of inheritance that is given back to her after its division); the daughter gets 21 shares (her legal share along with the remainder of inheritance that is given back to her after its division).

It should be noted that the division of inheritance is a very serious and complex issue, so a mere Fatwa which is an answer issued according to the question is not enough. Rather, the matter should be taken to an Islamic court to look into the case and investigate, as there may be an heir who would not be known except after investigation, and there may also be a will, debts, or other dues that are not known to the heirs. It is known that these rights are given priority over the right of the heirs in the inheritance. Therefore, the inheritance should not be divided without resorting to an Islamic court, if any, in order to fulfill the interests of the dead and the living.

Allaah Knows best.

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